I. DOCUMENT CHECKLIST - Destination Maternity Vendor...

VENDOR CERTIFICATION PACKAGE – SECTION 2 – FACTORY OWNER /

PRINCIPAL 1

I. DOCUMENT CHECKLIST

The party identified below as the Vendor (“Vendor” or “Supplier”) hereby acknowledges

it has received Destination Maternity Corporation (“Destination Maternity” or “DM” or “Buyer”)

Vendor Manual and Certification Package (the “Manual”) and hereby agree to the terms and

conditions contained therein, along with any other applicable documentation, including but not

limited to Destination Maternity’s Purchase Order Terms and Conditions.

Vendors are required to complete the following sections of this Manual and have each

section signed by an authorized representative.

Document Section

Factory Profile & C-TPAT Survey

Country of Origin Verification

Non-Compliance Policy & Matrix

Code of Conduct

Resale Conditions

External Document Required:

Social Compliance Audit (3rd Party acceptable)

*Must be current year

By executing the below, Vendor hereby accepts and agrees all terms contained within this

Manual. Vendor agrees to provide information as requested by Destination Maternity. For each

individual manufacturing location involved in the production of DM merchandise. If any facilities

are added, Vendor shall provide the required documents and certifications contained within this

Manual prior to beginning manufacturing.

The above is hereby agreed to:

Vendor Name: ______________________________________________________________

Authorized Representatives Name: ___________________________________________________________

Title: __________________________________________Signature or Chop: ___________________________

Date: ____________________________


PRINCIPAL 2

II. FACTORY PROFILE & C-TPAT SURVEY

Factory Profile

Factory Name:

Address:

Nature of Business:

Country: Location:

Tel: Fax:

Contact Name: Contact E-Mail

Product Type: Capacity/Month:

#: Of Employees: # of production Lines:

# of employees

working on each line:

Machinery & Equipment type: 1) System & Technology: 1)

2) 2)

3) 3)

4) 4)

5) 5)

6) 6)


PRINCIPAL 3

7) 7)

8) 8)

9) 9)

10) 10)

The above is Certified By:

Vendor:

Initial Here _________________________________________


PRINCIPAL 4

C-TPAT Survey

Physical Security Checklist

1. Is the building constructed of materials, which

resist unlawful entry and protect against outside

intrusion?

Yes No

2. Is there secure perimeter fencing around

buildings and warehouses?

Yes No

3. Does facility interior have adequate lighting? Yes No

4. Does the lighting include the parking lot? Yes No

5. Is private vehicle parking separate from the

shipping and loading area?

Yes No

6. Are separate gates used for employees, visitors

and trucks?

Yes No

7. Are gates manned and monitored? Yes No

8. If a manned gatehouse is used, is it equipped

with a communication system?

Yes No


PRINCIPAL 5

9. Is there a CCTV cameras in place?

*If you answered YES, answer questions 10-13

Yes No

10. Do CCTV cameras cover interior areas?

Yes No

11. Do CCTV cameras cover exterior areas? Yes No

12. If YES, how long are the records kept?

13. If YES is the recording live? Yes No

14. Are locks installed on all the windows? Yes No

15. Are locks installed on all the doors? Yes No

16. Do the locking devices impede the employee’s

ability to exit in case of emergency?

Yes No

17. Is there and alarm system for theft? Yes No

18. Is there an alarm system for fire? Yes No


PRINCIPAL 6

19. Is there a security process in place for the

packing and loading area?

Yes No

Access Controls Checklist

1. Is there an identification system for employees? Yes No

2. Did you observe the recording and identifying

of all visitors?

Yes No

3. Are the drivers segregated from other

employees when they wait?

Yes No

4. Are there unguarded entrances to the facility? Yes No

5. Is the password protection option active on all

computer systems?

(Data integrity must be maintained to protect

data from unauthorized access or

manipulation)

Yes No

Procedural Security Checklist

1. Is the packing area restricted to those

employees assigned to work there?

Yes No

2. Are there designated security personnel or

devices in the packing area?

Yes No


PRINCIPAL 7

3. Are there designated security personnel or

devices in the cargo area?

Yes No

4. Was cargo observed being loaded and

sealed?

*If you answered Yes, answer questions 5-9

Yes No

5. Wash there a manager or supervisor responsible

for overseeing the loading of cargo?

Yes No

6. Are facilities available for the proper marking,

weighing, counting and documentation of

product?

Yes No

7. Is tamper proof tape used to secure boxes? Yes No

8. Are seals properly affixed and recorded? Yes No

9. Once loading is complete, is the cargo or

sealed container stored in a segregated area?

Yes No

10. Are there procedures for reporting the timely

movement of incoming and outgoing freight?

Yes No

11. Are storage areas secure? Yes No


PRINCIPAL 8

12. Are empty containers inspected upon arrival? Yes No

13. Is there a process in place that documents

physical inspections of your cargo?

Yes No

14. Is the documentation verified to ensure

accuracy?

Yes No

15. Is the documentation reviewed from the point

the cargo leaves the factory to the point of the

delivery at the Container Freight Station, Airline,

or Pier?

Yes No

16. Is this documentation kept for 90 days? Yes No

17. Are there documented trafficking and

monitoring procedures in place with your

Foreign Inland Carriers (i.e. Trucking Company,

Rail Carrier, and Courier Service)?

Yes No

18. Are preventative security measures taken with

your Foreign Inland Carrier?

Yes No


PRINCIPAL 9

19. Does your Bill of Lading list: PO numbers, carton

amounts by PO, date of pick up, date of

delivery, Driver Signature, and Driver signature

and point and date of delivery? *Check all that

apply

PO Numbers: Yes No

Carton Amounts by PO: Yes No

Date of Pick Up: Yes No

Driver Signature: Yes No

Driver signature and point: Yes No

Date of Delivery: Yes No

20. Are these procedures being randomly checked

and verified for compliance and accuracy?

Yes No

21. Is this documentation kept for 90 days? Yes No

Personnel Security Checklist

1. Does the vendor conduct pre-employment

screening?

Yes No


PRINCIPAL 10

2. Are there guards in the facility? Yes No

3. If YES, are the guards employed from an

outside service?

Yes No

4. Are individuals convicted of a serious crime

restricted from the loading area?

Yes No

Education and Training Awareness Checklist

1. Does the vendor have written security policies

to guard against the insertion of illegal or

unauthorized material into a shipment?

Yes No

2. Does the vendor have a security-training

program for its employees?

Yes No


Vendor:

Initial Here _______________________________________


PRINCIPAL 11

III. COUNTRY OF ORIGIN VERIFICATION

Destination Maternity is committed to identifying their suppliers and knowing the origin of goods

manufactured for sale in our retail locations. Vendors must supply truthful information regarding

the location of where each order is produced, and each facility used in the production of

goods. Any falsification of country of origin will cause immediate termination of any current or

future orders with DM. Substantiating production and accounting documentation must match

Purchase Order for proof of country of origin and documentation must be made available to

Destination Maternity or customs authorities upon request.


Vendor:

Initial Here: ___________________________________


PRINCIPAL 12

IV. NON-COMPLIANCE POLICY

The following Non-Compliance Matrix has been established to offset expenses incurred due to a

Vendors failure to meet the terms of the PO, quality, and / or delivery performance.

NON COMPLIANCE MATRIX

SHIPPING

Non-Compliance Issue Discount/Fees

FCA/DDP Late to FF & Warehouse Date $1,000

Short Shipment Exceeds allowance +/-3% (Overages will not

be paid)

$1,000 + 50% of the FCA/DDP Value

Vendor Cancellation (Unauthorized) $1,000 + 50% of the FCA/DDP Value

DMC Cancellation (Initial order late 15 days or quality rejected) $1,000 + 50% of the FCA/DDP Value

ASN Non Compliance (Failure to transmit shipment

information prior to the receipt of goods in DMC warehouse)

$1000

Late Fee: 1% per day (applied to each violation that causes a delivery delay)

Administration Fee: $100 (applied to each chargeback Issued)

CARTONS


Carton Labeling Non-Compliance

Packing List error Inaccurate, missing or non-active carton license plates

$1,000 + 100% Inspection fee

Rework cost / fees may apply


PRINCIPAL 13

Carton Specifications Non-Compliance

Incorrect Carton Size Incorrect Burst Strength


Additional labor & rework cost / fees may

apply

Failure to comply with Pre-pack, sizing, folding specifications /

requirements:

Packing List error Mixed sizes in one carton Mixed colors in one carton Multiple piece sets with mismatched components

(small top with medium bottom)

$1,000 + 100% Inspection fee Additional

labor/ materials fees may apply



DOCUMENTS


DM Documents procedure non-compliant (COO changes,

Resale, Code of Conduct, Security Violations etc.)

$500 per PO

Failure to provide Final Garment Inspection Report (Factory) $500 per PO

Incorrect WAG (Wearing Apparel Guide) $250 per PO

Document Discrepancy (reduced invoice with no

corresponding reduction in bank draft request)

$1000

Missing or Incorrect or late ACI (Automated commercial

invoice)

$500.00 per Invoice * Other late fees may

apply

Late Document (Delays Freight) $1,000 per day

Bad Document (Delays Freight) $1,000 per day


PRINCIPAL 14



QA/QC


Incorrect Hanger (Bras) $0.25 per unit + hanger cost

Missing/Bad OPM (On Product Marketing)/Packaging:

Missing or Incorrect price ticket (price ticket error and/or price ticket not matching garment)

Bar Code on price ticket incorrect, mutilated or unable to be scanned

Missing or Incorrect information on care label: size, style number, car instructions (do not ‘whiteout or correct care label)

$0.25 per unit + 100% Inspection fee

Additional labor / materials fees may apply

Missing/Bad Poly bags $0.25 per unit + 100% Inspection fee

Additional labor / materials fees may apply

Damaged Goods (Not Saleable/First Quality) 100% Full LDP Value (FOB + Duty +

Transportation Cost) *Duty and freight cost

will not be refunded to the Vendor

Level 1 Quality Failure: Preliminary Inspection (DM) $1,000

Additional quality handling fees apply

Level 2 Quality Failure: 2.5 AQL Inspection (DM) $1,500 + 100% Inspection fee

Sample Sending Fee’s apply



PRINCIPAL 15

Level 3 Quality Failure: 100% Inspection (DM or 3rd party) $2,000 + 100% Inspection fee



Level S Quality Failure: Store Level Quality Issue detected

(Triggers either 2.5 AQL or 100% Inspection dependent on

issue)




Quality Failure CAP & Handling: Corrective actions due to

quality or labeling issues (RTV, GOH for transit/freight,

inspection, repair, re-work, inspection, audit, labor etc.)

CAP (Corrective Action Plan) assessed and

fees advised on a case by case basis

Quality Failure Disposition: Inspection failure / Non-

conformance (DMC quality, spec, sewing, construction,

accessory, trim, color, labels, tickets, packaging, marketing

etc.)

Discount % agreed upon with DM & Vendor

Additional quality handling / testing fees

apply



SAFETY


Needle / Metal Contamination found (Sewing needle, Pin,

Staple, etc.)

Min $1,000 / Max $5,000 + 100% Inspection

fee


apply

Dangerous Sharp Object Found (Razor, Knife, Scissors etc.) $10,000 + 100% Inspection fee


apply


PRINCIPAL 16

Odor / Mold / Infestations Found $1,500 per PO + 100% Inspection fee

Additional labor & rework cost / testing fees

may apply




Vendor Management: Initial Here: ___________________________________


PRINCIPAL 17

V. CODE OF CONDUCT Destination Maternity believes as a matter of principal, that federal, state and local laws

designed to protect workers in the garment industry are necessary and important, and that all

employers in our industry should strictly comply with these laws. While the employment practices

of our Suppliers are not within the control of DM, we hereby go on record as affirming our

intention to do business only with garment manufacturers and factories, which share our views as

to the importance of obeying these laws and policies.

If it comes to the attention of Destination Maternity Corp. that any Supplier with whom we do

business has been found in violation of these laws, policies and principles, Destination Maternity

Corp. will reconsider its continued use of any such garment manufacturer. Destination Maternity

Corp. does not intend to do business with Suppliers, who willfully violate laws and policies,

designed to protect workers in the industry. Destination Maternity Corp. Code of Conduct must

be posted in an obvious location in all factories, translated into the languages of the workers. All

new workers shall receive an orientation upon employment, including an explanation of these

practices.

TRANSPARENCY

Destination Maternity expects vendors and factories to be transparent in their operations,

policies, procedures and recordkeeping and to embrace a fundamental effort towards

operational efficiencies and continuous improvement. If local or industry practices exceed local

legal requirements, the higher standard applies. Factories producing goods for DM are

expected to be honest and transparent with all records and to have evidence of compliance.

Destination Maternity will not tolerate any Supplier that submits falsified records.

COMPLIANCE WITH LAWS AND REGULATIONS

Vendors and factories must operate in full compliance with all applicable rules and regulations

including those regarding labor, worker health and safety and the environment. In addition

compliance with applicable United States and foreign laws and regulations on the importation

of its products into those countries, including: customs regulations; Country of Origin labeling;

product and fabric testing; and product labeling is required.

FACTORY SECURITY

All factories producing goods for DM must implement minimum security criteria based on

recommendations developed as a result of the C-TPAT initiative with U.S. importers.

BRAND PROTECTION

All factories producing goods for a Destination Maternity must protect the reputation of DM and

reduce the possibility of illegal activities such as counterfeiting, diversion, trademark infringement

and other infringement of intellectual property rights. Factories must not sell or otherwise dispose

of goods that bear or incorporate the DM’s trademarks, copyrights, patents, or other intellectual


PRINCIPAL 18

property except as specifically directed in writing by Destination Maternity.

SUBCONTRACTING AND TRANSSHIPMENTS

Destination Maternity does not permit subcontracting without written permission

obtained prior to production. Approved subcontractors must execute all supplier

documents and are subject to all regulations governing Supplier.

The Supplier acknowledges that Destination Maternity does not condone or permit illegal

transshipments to evade the textile quota restraint agreements negotiated between the

country of export and the United States. All purchase orders have specified Country of

Origin and FCA port and no deviations are permitted

ETHICAL BEHAVIOR

Destination Maternity suppliers are expected to conduct their business in an ethical

manner. Bribery in any form is prohibited. Suppliers are not permitted to give gifts or any

compensation to any employee of Destination Maternity.

The Supplier certifies that materials incorporated into the product comply with the laws

regarding slavery and human trafficking of the country or countries in which they are

doing business.

CHILD LABOR

The Use of workers under the age of 15 is prohibited, unless part of a government sponsored

apprenticeship program. The Supplier must observe all legal requirements for the work of

authorized minors, particularly those relating to hours of work, wages, minimum education and

working conditions. Child labor is defined as use of workers under 15 (or 14 where the law of the

country permits) or younger than the age of completing compulsory education in the country

where such age is higher than 15.

FORCED LABOR

Destination Maternity will not place any work in any facility that uses prison, indentured or forced

labor.” Forced Labor” is defined as any work or service that is extracted from any person under

the threat of penalty for its non-performance and for which the worker does not offer voluntarily

or subjects the work to coercion or compulsion. The Supplier may not force workers to surrender

identification documents.

CONTRACT LABOR REQUIREMENTS

Factories that employ or recruit foreign workers must ensure those workers are treated fairly and

on equal basis with the local workers.


PRINCIPAL 19

WAGES AND WORK HOURS

Minimum Wage: The Supplier shall comply fully with all the requirements of the local

minimum wage laws. These include the following:

1. In any given workweek, the total gross pay must not be less than the total number of

hours worked by the employee multiplied by the legal minimum wage.

2. Minimum wage applies to all employees, include those who are paid, in whole or

part, on the basis of piecework earnings. If the total earnings do not equal or exceed

the number of hours worked multiplied by minimum wage, the difference must be

paid to the employee in addition to the piecework earnings.

3. The minimum wage laws apply to each workweek separately. Earnings from any

given workweek cannot be used to meet the minimum wage requirements for any

other workweek; nor can earnings be averaged over a period longer than a

workweek for purposes of determining whether the minimum wage requirements

have been met.

4. The Supplier must pay workers wages and legally mandated benefits that comply

with the higher of (a) any applicable law or (b) to match the prevailing local

manufacturing or industry practices.

Overtime – The Supplier shall comply fully with all the requirements of the local overtime

laws. These include the following:

a) Where applicable, each employee must be compensated for each hour worked

in excess of the standard straight time hours – at the appropriate overtime rate.

b) The overtime pay provisions apply to pieceworkers.

Working Hours - The Supplier shall comply fully with all the local requirements of the

maximum number of hours worked and in no case exceed local laws. Supplier should

schedule production to allow for no more than 60 hours per week, with one day of rest in

every seven days. Supplier will comply with local laws regarding holidays, leaves and

vacations.

Recordkeeping – The Supplier shall keep, maintain and preserve complete and accurate

records of the wages, hours and other conditions and practices of employment with

regards to all employees. Personnel records should contain all information required by

local law, but in every case, name, official documentation of age, legal identification,

department and location, wage rate, deductions and withholding.

WORKING CONDITIONS

The supplier must be committed to providing every worker a clean, safe and healthful work

environment free of hazards, and harmful conditions. Supplier must have designated safety

officers in all work areas. The Supplier must comply with all applicable, legally mandated

standards for workplace health and safety. If dormitory facilities are provided they must comply

with legally mandated standards for health and safety. If no local standards exist, facilities must


PRINCIPAL 20

be clean and safe.

ENVIRONMENT

Suppliers must be compliant with local environmental laws. In absence of local regulations,

factories shall act in a responsible manner.

DISCRIMINATION

While Destination Maternity recognizes and respects cultural differences, employment (Hiring,

wages, benefits, advancement, termination, and retirement) shall be based on the worker’s

ability and not on personal characteristics. DM believes workers should be employed on the

basis of their ability to do the job, rather than on the basis of gender, age, disability, sexual

orientation, racial characteristics, cultural or religious beliefs or similar factors. Destination

Maternity will not utilize suppliers who discriminate against workers on the basis of gender, age,

disability, sexual orientation, racial characteristics, cultural or religious beliefs or similar factors.

HUMANE TREATMENT

The Supplier must treat all workers with respect and dignity. Destination Maternity will not utilize

suppliers who use, or permit the use of corporal punishment, physical, sexual, psychological or

verbal harassment or other forms of mental or physical coercion, abuse or intimidation. The

Supplier shall not use, or permit the use of fines as a disciplinary practices.

FREE ASSOCIATION

Workers must be free to join organizations of their own choice. The Supplier shall recognize and

respect the rights of workers to freedom of association and collective bargaining. Workers shall

not be subject to intimidation or harassment in the peaceful exercise of their legal right to join or

to refrain from joining an Organization.

WOMAN’S RIGHTS

Destination Maternity believes in the protection of women’s rights. All Suppliers will ensure that

workers who are women receive equal treatment in all aspects of employment. Pregnancy tests

will not be a condition of employment. Workers will not be exposed to hazards that may

endanger their reproductive health and the Supplier will not force workers to use contraception.

MONITORING AND COMPLIANCE

The Supplier shall cooperate fully with all of Destination Maternity’s efforts to monitor

whether the Contractor is complying in full with this Policy. The Supplier shall (without

any limitations) allow Destination Maternity Corporation authorized representatives

complete and immediate access to all premises, records, and employees announced

or unannounced on-site inspections of factories by DM or its representatives, including

making factory workers available for confidential interviews in connection with ensuring

compliance with this Code of Conduct.

Any problem requiring corrective action will be subject to a scheduled review by


PRINCIPAL 21

Destination Maternity or its representatives. Failure to make corrections in a timely

manner may result in cancellation of all orders.

RETALIATION

Destination Maternity will not tolerate any retribution or retaliation taken against any individual

who has, in good faith, sought advice or reported questionable behavior or a possible violation

of this Code of Conduct.


Vendor Management:

Initial Here: ___________________________________


PRINCIPAL 22

VI. RESALE CONDITIONS

Destination Maternity is committed to the prevention of second quality Destination Maternity

branded Merchandise from being sold into unauthorized channels of distribution. Vendors are

not permitted to discard, sell or transfer to a third party any excess Destination Maternity

Branded or Trademarked Merchandise of any quality level without written approval by

Destination Maternity.

SECONDS POLICY:

Listed below are the procedures that must be followed for seconds or irregular Merchandise is

deemed saleable:

Procedure:

Destination Maternity has the option to purchase all seconds/irregulars deemed to be in

good condition at 50% discount.

The product must be wearable, void of stains, conspicuous holes, non-secure

hardware/trimmings, stress markings on component materials or any physical damage.

The Degree of irregularity must be documented by Vendor/Manufacturer QA team

responsible and data available to Destination Maternity Sourcing.

Notification of seconds / irregulars must be made to Destination Maternity Sourcing in

writing at the completion of production process.

If Destination Maternity chooses to purchase said goods, it will be done in writing and will

indicate the date such goods are to be shipped. The Vendor shall hold the goods for a

minimum of 90 days to not exceed 150 days before shipment to Destination Maternity will

be permitted.

All labels and tags must be intact and in first quality condition.

Packing and Shipping methods must fully comply with Destination Maternity requirements

If Destination Maternity decides not to exercise its option to purchase seconds / irregulars, then

the goods MUST BE DESTROYED and the vendor must follow DM Destroy Policy procedures.

Listed below are the procedures that must be followed for seconds/irregulars merchandise -

deemed un-saleable:

Procedure:

Merchandise that is deemed unsaleable MUST BE DESTROYED in accordance with the

Destination Maternity Destroy Policy below.

If it is found that second quality or irregular Destination Maternity merchandise is being

offered for sale outside of the country of origin or prior to 150 days X-Factory date, the

vendor/manufacturer will be at risk of having all future PO’s cancelled and incur

additional expenses related to investigating Destination Maternity policy violation.

OVERRUN POLICY:


PRINCIPAL 23

Over-shipment allowance is +/- 3%. Destination Maternity will accept up to 3% of first quality

merchandise on orders over 1,000 units and up to 3% on orders of 1,000 units or less. This

merchandise can be shipped without prior notice or approval. Additional finished first quality

units produced over these limits may not be shipped without express written approval from the

Destination Maternity Senior Vice President of Sourcing.

It is critical that all Vendors closely manage the manufacture of all DM merchandise to ensure

there are no excessive levels of overruns. Listed below are the procedures required for first

quality merchandise above the stated acceptable limits:

Procedure:

Destination Maternity has the option to purchase all finished first quality overruns at a 25%

discount.

Written notification must be made to Destination Maternity at the completion of the

production process.

If Destination Maternity chooses to purchase said goods, it will be done in writing and will

indicate the date such goods are to be shipped. The Vendor shall hold the goods for a

minimum of 90 days to not exceed 150 days before shipment to Destination Maternity will

be permitted.

All labels and tags must be intact and in first quality condition.

Packing and Shipping methods must fully comply with Destination Maternity requirements

If approval is not granted, the goods MUST BE DESTROYED, and the vendor must follow

Destination Maternity Destroy Policy procedures.

DESTROY POLICY:

No merchandise with Destination Maternity’s trade names shall be sold or transferred to another

party without the express written consent of Destination Maternity. This applies to rejected,

embargoed, cancelled, factory overruns, excess or any other Merchandise.

In the event that Destination Maternity consents to a transfer of such goods to another party, all

identifying labels to Destination Maternity and any of its trade names, including sewn-in labels,

must be removed before resale in all countries. However, under no circumstance can goods

that were made for or created for Destination Maternity be sold or distributed to another party in

North America, including Canada.

Procedure:

Written approval from must be obtained as applicable from the Sr. VP Sourcing prior to

commencing with the disposal process of Destination Maternity merchandise;

Vendor must provide a written listing, samples and photos of said Destination Maternity

merchandise that requires destruction;

Vendor must describe the steps that will be taken to destroy the merchandise;


PRINCIPAL 24

Once Destination Maternity approval is received, the vendor may proceed to schedule

the destruction of the merchandise. Destruction must be completed within 10 days;

Vendor must document and take clear and detailed photos of the destruction. A copy

of the destruction (including but not limited to Certificate of Destruction, photos or Video

of actual destruction, etc.) must be provided to Destination Maternity;

In Cases of jewelry, where Destination Maternity merchandise may be sent to third

parties for metals reclamation, all products must be crushed or otherwise rendered

unsaleable in the open market before being turned over to the third party for rendering.

Documentation requirements remain the same as for other types of destruction;

All records of the destruction of such Destination Maternity merchandise must be maintained by

the vendor and be available upon request by Destination Maternity.

LABELS AND PACKAGING:

For any excess Destination Maternity labels and / or packaging from order reduction /

cancellation, should be kept in a separate and secure place for future purchase orders use and

an inventory maintained and provided to the appropriate Brand PD Manager responsible.

Should there be planned future business, all raw materials with Destination Maternity brand

identity must be returned to Destination Maternity.

For raw material items no longer being run, all unused material must be destroyed; it is the

Vendors responsibility to destroy such goods under the Destination Maternity Destroy policy.

Procedure:

Written approval from must be obtained as applicable from the Sr. VP Sourcing prior

to commencing with the disposal process of unused Destination Maternity raw

Materials

Vendor must provide a written inventory, samples and photos of said Destination

Maternity raw Materials that requires destruction Once Destination Maternity

approval is received, the vendor may proceed to destroy the goods by cutting into

halves or smashing, so that the brand logos becomes incomplete or illegible.

Vendor will take photos of the destroyed Destination Maternity materials and will

send a statement of the destroyed goods to Destination Maternity Sr. VP Sourcing

and relevant invoice such goods were paid against.

Failure to follow these procedures constitutes unlawful trademark counterfeiting and

Destination Maternity reserves the right to pursue criminal and civil remedies against

the Vendor, the manufacturer, and any other party for any breach of these resale requirements.

In the event of a breach of these resale requirements, in addition to any other remedies, the

parties agree that Destination Maternity may invoice, and the affected factory and


PRINCIPAL 25

Vendor shall be liable on a joint or several basis for the liquidated damages sum of $5,000.00 USD

for each violation as wells as additional fines and or damages as allowed under federal and

local laws.


Vendor Management:

Initial Here: ___________________________________

END OF CERTIFICATION

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